53GResponsibilities to prepare and provide statements

53G Responsibilities to prepare and provide statements

(1) For the purposes of paragraph 63‑1(1)(m) of the Act, the following responsibilities are specified for an approved provider that provides a residential care service or a home care service: (a) to prepare a statement for a reporting period for the approved provider that complies with the requirements specified in subsection (2) of this section; (b) to give a copy of the statement to the Secretary within 4 months after the end of the reporting period for the approved provider. (2) The statement must: (a) be in the form approved by the Secretary; and (b) if the governing body of the approved provider believes that the approved provider has complied with the responsibilities of the approved provider under the Act and the requirements under the Quality and Safety Commission Act—state that fact; and (c) if the governing body of the approved provider believes that the approved provider has failed to comply with one or more responsibilities of the approved provider under the Act or requirements under the Quality and Safety Commission Act—state that fact and set out details of: (i) each responsibility or requirement that the governing body believes that the approved provider has failed to comply with; and (ii) the reasons why the approved provider has failed to comply with the responsibility or requirement; and (iii) the actions that the provider has taken, has started to take or will take to rectify the non‑compliance; and (d) include any other statements or information required by the approved form; and (e) be signed by a member of the approved provider’s governing body on behalf of all members of the governing body.

Note: Example: For subparagraph (c)(iii), under the Quality and Safety Commission Act an approved provider may be required:

(a) to give undertakings about remedying non‑compliance (see section 63T of that Act); or
(b) to agree to certain matters if revocation of approval is being considered (see section 63U of that Act).